User Agreement

This Agreement will govern your purchase and use of any YouGotHosting Services (collectively called "Plan(s)" , your account will also be referred to as your "Plan(s)"), ordered by you and accepted by YouGotHosting and explains the terms and conditions that apply to your purchase and the use of the Plan(s). It is required that you register and accept this terms and conditions in order to use the Plan(s). By clicking the checkbox next to the text that reads "By clicking this box, you AGREE to the Terms of Service and Acceptable Use Policy." (also known as Acceptance Checkbox) you acknowledge that you have read this agreement and agree to be bound by the terms and conditions contained on this document as well as all policies and guidelines incorporated by reference. You agree that the act of submitting your order form online is equivalent to your signature. You agree that all the information you submit online is true and correct to the best of your knowledge.

Disagreement:

If you do not agree to the terms of this document, or any of YouGotHosting's terms, policies or guidelines, do not check the Acceptance Checkbox and your Plan(s) will not be created. If you do not agree to the terms of any modification to ANY YouGotHosting document, immediately notify YouGotHosting of your termination of this agreement, thereby terminating your Plan(s) with YouGotHosting Modification Agreement. YouGotHosting reserves the right to change or modify any of the terms and conditions contained on this document and any policy or guideline incorporated by reference at any time. From time to time YouGotHosting reserves, in it's sole discretion, the right to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting to YouGotHosting's web site. YouGotHosting may change or modify ANY policies or guidelines without notice to you. Your continued use of YouGotHosting's Plan(s) will be the reflection of your cooperation and acceptance of any changes or modifications.

The Acceptable Use Policy (AUP):

Under this Agreement, Customer shall comply with YouGotHosting's then current Acceptable Use Policy ("AUP"), as amended, modified or updated from time to time by YouGotHosting, which currently can be viewed by clicking the AUP link in the footer of each page or on the order form. Customer hereby acknowledges that it has reviewed the AUP. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. YouGotHosting does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by Customer via the Service (the "Customer Content"). Customer Content includes content of Customer's customers and/or users of Customer's website. Accordingly, under this Agreement, you will be responsible for your customers content and activities on your website. Notwithstanding anything to the contrary contained in this Agreement, YouGotHosting may immediately take corrective action, including removal of all or a portion of the Customer Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Customer of the AUP. In the event YouGotHosting takes corrective action due to a violation of the AUP, YouGotHosting shall not refund to Customer any fees paid in advance of such corrective action. Customer hereby agrees that YouGotHosting shall have no liability to Customer or any of Customer's customers due to any corrective action that YouGotHosting may take (including, without limitation, Termination of Services).

Term:

The Term of this Agreement shall be as set forth in the Order Form (the "Term"). The Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE YouGotHosting TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".

Payment:

2Checkout.com, Inc. is an authorized retailer of YouGotHosting. All charges for your Plan(s) must be paid in advance according to the most current price or your previously locked in price of the Plan(s). Upon paying for your Plan(s), you thereby grant permission to YouGotHosting, Sold by 2Checkout.com, Inc., to charge any fees in accordance with your Plan(s). Check and money orders can be sent on a as needed basis, worked out with a Billing Manager.

Late Payment:

If payment is not collected by three (3) days after the date due, your account will be suspended, until payment is received in full. It shall be the client's sole responsibility to assure payment is received in full and on time. If an account is suspended for insufficient payment, the client shall be responsible for contacting YouGotHosting and arranging alternate payment. YouGotHosting maintains the right to terminate Plan(s) for any unpaid invoices. Termination of Service shall not relieve Customer from the obligation to satisfy outstanding invoices. In the event YouGotHosting utilizes an attorney and/or collection agency to collect any unpaid amounts, Customer shall be responsible for the payment of all of YouGotHosting's attorneys' fees, collection agency fees, and all costs in the collection of these sums.

30 Day Money Back Guarantee:

Each of YouGotHosting's hosting, reseller & business plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance upon plan cancellation. The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services (for example, secure socket layers certificates); account upgrades; and overage fees.

Free Domain Offer:

If you choose to enter into our Free Domain offer, some rules may apply. Free domains will be provided when signing up for a Plan, you plan to use a domain that you have not registered. If you plan on using a domain you already own, a free domain will not be provided. In the case that you do qualify for a free domain, we will register and maintain the account for you while you maintain your Plan with us. In the event of your Plan being Cancelled, or Terminated, we will decide on a per account basis, whether or not we will hand over ownership of the domain. The fee for handing over ownership of the domain will be no less then $8.95.

Termination Policy, Procedures & Instructions:

To terminate (also know as "cancel") your Plan(s), you must follow these instructions. Any other forms of termination will not be acceptable. You must provide YouGotHosting with notice of a termination at least seven (7) days before the end of the Term by sending an email to billing@yougothosting.com. Any attempts to cancel by our ticket system will be rejected and billing will continue until these instructions have been followed. Any setup fees, or fees for additional services are always non-refundable.

Liabilities and Obligations on Termination:

If the Agreement expires or is terminated for any reason, YouGotHosting is not liable to you because of such an expiration or termination for compensation or reimbursement on Plan(s) of the loss of prospective profits, anticipated sales, goodwill or on Plan(s) of any investment, relation to, or association with your business or for any other reason resulting from your termination or expiration. Any termination of this Agreement will not deem you exempt from past due invoices or fees that have acquired prior to the termination of this Agreement owed by you to YouGotHosting as provided in this Agreement.

Resource Overages:

If the event that your account uses up more resources then allowed, you will be notified, and some fees may apply. See below:
Bandwidth overage will be billed at $2.50/GB.

Upgrade/Downgrade:

Upgrading or downgrading your account Plan is free to do, although rules apply. If you wish to make a downgrade, you must do so by putting in a request to billing@yougothosting.com no later then 5 days before your next billing cycle. You may not make a downgrade within a billing cycle. If you wish to make an upgrade, you may do so at any time. Please put in a request to billing@yougothosting.com, and your account will be prorated accordingly.

Refunds:

Refunds are only available in accordance with the 30 Day Money Back Guarantee. 30 Day Money Back Guarantee refunds will be provided in the same payment method of the original payment. THERE ARE NO REFUNDS OFFERED, OR PROMISED AFTER 30 DAYS.

Knowledge Requirement:

Use of the Plan(s) requires a certain amount of knowledge in the use of Internet Programming Languages, protocols and software, etc... This knowledge will vary depending on the usage and content level of your web site. You or your webmaster must have the knowledge necessary to maintain your web site, as it is not YouGotHosting's responsibility to advise, teach, supply or provide any such knowledge or customer support outside of the Plan(s) agreed to you by YouGotHosting.

Ownership of Website:

The legal owner of customers' Web sites and accounts with YouGotHosting will be the individual or organization whose name is listed in YouGotHosting's database as the owner. Customers will fully cooperate with and abide by any and all of YouGotHosting's security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with YouGotHosting.

Internet Protocol (IP) Address Ownership:

If YouGotHosting assigns Customer an Internet Protocol ("IP") address for Customer's use, the right to use that IP address shall belong only to YouGotHosting, and Customer shall have no right to use that IP address except as permitted by YouGotHosting in its sole and absolute discretion in connection with the Services, during the term of this Agreement. YouGotHosting shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by YouGotHosting, and YouGotHosting reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

User Agreement Violations:

Failure to follow YouGotHosting's Agreement, policies, guidelines (collectively called "Conditions") will result in cancellation of your Plan(s). YouGotHosting will be the sole arbiter as to what constitutes a violation of the Conditions. YouGotHosting reserves the right to remove any Plan(s) without prior notice. YouGotHosting may investigate any reported violation of the Conditions or any complaints and take any action that it deems appropriate and reasonable to protect its service, systems, facilities, and/or third parties.

Actions Taken by YouGotHosting:

The failure by a customer to meet or follow any of the User Agreement is grounds for account deactivation. YouGotHosting will be the sole arbiter as to what constitutes a violation of the User Agreement. YouGotHosting reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When YouGotHosting becomes aware of an alleged violation of its User Agreement, YouGotHosting will initiate an investigation. During the investigation, YouGotHosting may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, YouGotHosting may, at its sole discretion, restrict, suspend, or terminate a customer's Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, YouGotHosting will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the User Agreement if it is illegal, irresponsible, or constitutes disruptive use of the Internet. YouGotHosting does not issue credits for outages incurred through service disablement resulting from User Agreement violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by YouGotHosting.

Advertising & Marketing:

Customer agrees that during the term of this Agreement YouGotHosting may publicly refer to Customer, orally and in writing, as a customer of YouGotHosting. Any other public reference to Customer by YouGotHosting requires the written consent of Customer.

Customer Responsibility:

Customers are required to use YouGotHosting's service(s) responsibly. This includes respecting the other customers of YouGotHosting. YouGotHosting reserves the right to suspend and/or cancel service(s) with any customer who uses YouGotHosting's Service(s) in such a way that adversely affects other YouGotHosting customers. While YouGotHosting may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, YouGotHosting does not monitor its customers' communications or activities to determine whether they are in compliance with this agreement. However, when YouGotHosting becomes aware of any violation of this agreement or the AUP, YouGotHosting may take any action to stop or correct such violation, including, but not limited to, denying access to YouGotHosting's services and equipment or to the Internet. In addition, YouGotHosting may take action against a customer or a customer of such customer because of the activities of such customer. YouGotHosting anticipates that customers who offer Internet services will cooperate with YouGotHosting in any corrective or preventive action that YouGotHosting deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of YouGotHosting policy and YouGotHosting reserves the right to take any such action even though such action may affect other customers of the YouGotHosting customer.

Disclaimer of Warranty:

Customer agrees to use all Services and any information obtained through or from YouGotHosting, at Customer's own risk. Customer acknowledges and agrees that YouGotHosting exercises no control over, and accepts no responsibility for, the content of the information passing through YouGotHosting's host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF YouGotHosting's RESPECTIVE EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, AN "YouGotHosting PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT YouGotHosting PROVIDES. NO YouGotHosting PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. YouGotHosting IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY YouGotHosting. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY YouGotHosting PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Limited Warranty:

YouGotHosting represents and warrants to Customer that the Services will be performed (a) in a manner consistent with industry standards reasonably applicable to the performance thereof; (b) at least at the same level of service as provided by YouGotHosting generally to its other customers for the same services; and (c) in compliance in all material respects with the applicable Service Descriptions. Customer will be deemed to have accepted such Services unless Customer notifies YouGotHosting, in writing, within thirty (30) days after performance of any Services of any breach of the foregoing warranties. Customer's sole and exclusive remedy, and YouGotHosting's sole obligation, for breach of the foregoing warranties shall be for YouGotHosting, at its option, to re-perform the defective Services at no cost to Customer, or, in the event of interruptions to the Services caused by a breach of the foregoing warranties, issue Customer a credit in an amount equal to the current monthly service fees pro rated by the number of seconds in which the Services have been interrupted. YouGotHosting may provision the Services from any of its data centers and may from time to time re-provision the Services from different data centers.

The foregoing warranties shall not apply to performance issues or defects in the Services (a) caused by factors outside of YouGotHosting's reasonable control; (b) that resulted from any actions or inactions of Customer or any third parties; or (c) that resulted from Customer's equipment or any third-party equipment not within the sole control of YouGotHosting. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, YouGotHosting MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND YouGotHosting HEREBY EXPRESSLY DISCLAIMS THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY SOFTWARE PROVIDED TO CUSTOMER HEREUNDER IS PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. YouGotHosting DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.

Limitation of Liability:

IN NO EVENT WILL YouGotHosting'S LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE SERVICE FEES PAID TO YouGotHosting BY CUSTOMER DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

YouGotHosting CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. YouGotHosting WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.

EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON- PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.

The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other legal theory (including strict liability), other than claims based on fraud or willful misconduct.

Notwithstanding anything to the contrary in this Agreement, YouGotHosting's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi- contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

Customer understands, acknowledges and agrees that if YouGotHosting takes any corrective action under this Agreement because of an action of Customer or one if its customers or a reseller, that corrective action may adversely affect other customers of Customer or other reseller customers, and Customer agrees that YouGotHosting shall have no liability to Customer, any of its customers or any Reseller Customer due to such corrective action by YouGotHosting.

This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.

Indemnification:

Customer agrees to indemnify, defend and hold harmless YouGotHosting and each of it's respective employees, attorneys and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to Customer's use of the Services, (ii) any violation by Customer of the AUP, (iii) any breach of any representation, warranty or covenant of Customer contained in this Agreement or (iv) any acts or omissions of Customer. The terms of this section shall survive any termination of this Agreement.

Disclaimer:

You acknowledge and agree that YouGotHosting accepts no responsibility or liability for, and employs no control over, the content of the information passing through YouGotHosting's host servers, network hubs, or the Internet. All services performed thereunder are performed "as is" and without warranty against failure of performance including, without limiting to, any failure due to computer hardware or communication systems. Except as expressly provided in this Agreement, YouGotHosting does not make and hereby disclaims, and you hereby waive all reliance on, any representations or warranties, arising by law or otherwise, in reference to the Plan(s), including, but without limiting to, implied warranties of merchantibility, fitness for a particular purpose, non-infringement, or developing from course of dealing, course of performance, or usage in trade.

Disclosure:

YouGotHosting may reveal any information it deems necessary or appropriate, including, without limitation, user profile (e.g. name, e-mail address, etc...), usage history, material contained on YouGotHosting's system in order to abide by any applicable laws, lawful governmental requests, to protect YouGotHosting's systems and customers, or to provide and protect the quality, functionality, and integrity of YouGotHosting's business and equipment. YouGotHosting reserves the right to report any activities that it suspects violates any laws or regulations to the appropriate law enforcement officials, regulators or any other appropriate third parties.

Compensation:

You agree to compensate, YouGotHosting and its affiliates and suppliers (and their respective employees, directors and representatives) for any and all expenses, including, without limitation, all claims, actions, proceedings, suits, liabilities, fines, and attorneys' fees, incurred by YouGotHosting or it's suppliers, arising out of or relating to (1) your violation or breach of any agreement, terms, representation or warranty of this Agreement or any applicable policy or guideline; (2) your improper or illegal use of the Plan(s); or (3) your violation, alleged violation, or misappropriation of any intellectual property right (including, but not limited to, trademark, copyright, patent, trade secrets) or nonproprietary right of a third party.

Federal, State & Local Laws:

The entire agreement shall be governed by the laws of the United States and the state of Delaware and its validity constructions, interpretation and legal effect shall be governed by the laws and judicial decisions of the State of Delaware applicable to contracts entered into and performed entirely within the State of Delaware. You shall at all times accord with all applicable laws and regulations and shall protect and save YouGotHosting harmless from your failure to stray from accordance. You agree that YouGotHosting shall not have to perform any obligations set forth in this Agreement if such performance would violate any present or future law, regulation or policy of any applicable government. You shall not use the Plan(s) in any way that violates US export laws, including without limitation, uses related to the distribution of weapons of mass destruction, prohibited chemical, biological, or nuclear weapons or missile use. You agree that you are not located in, under control of, or a national or resident of any country restricted as a destination by US law or on the US Treasury Department's list of Specially Designated Nationals or the US Department of Commerce's Table of Denial Orders.

Severability:

If any provisions of the entire agreement shall be unlawful, void, or for any reason, unenforceable, it shall be deemed severable form and shall in no way affect the validity or enforceability of, the remaining provisions of the entire agreement, which shall remain valid and enforceable according to its terms. If it is deemed severable form, the liability of YouGotHosting and its suppliers to you will be limited to the amount actually paid to YouGotHosting by you under this agreement during the three (3) months preceding the date on which the claim accumulated. This limitation applies to all causes of action in the aggregate including, but not limiting, to breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other damages. The fees for the Plan(s) set by YouGotHosting have been and will continue to be based upon this allocation risk. Accordingly, you hereby release YouGotHosting and its suppliers from any and all obligations, liabilities, and claim beyond the limitation stated in this section.

Warranties and Representation:

You warrant and represent to YouGotHosting that you are (1) at least eighteen 18 years of age; (2) you possess the legal right and ability to enter this agreement; (3) you will use the Plan(s) only for lawful purposes and remain in accordance with this Agreement and all policies and guidelines that may apply; (4) you will be financially responsible for your Plan(s); (5) you have acquired, or will acquire all necessary arrangements for hypertext links to a third party Web sites or other content; (6) you have verified or will verify the accuracy of materials distributed or made available through use of the Plan(s), including, without limitation, your content, claims, warranties, guarantees, nature of business, and address where business is conducted, and (7) your content does not infringe or violate any right of any third party (including intellectual property rights) or violate any applicable law, regulation or ordinance.

Waiver:

No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.

Assignment:

Customer may not assign or transfer this Agreement, or any of its rights or obligations hereunder, without the prior written consent of YouGotHosting. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. YouGotHosting may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of Customer. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

No Third-Party Beneficiaries:

Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights, legal or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, Customer acknowledges and agrees that Microsoft, and any supplier of third-party supplier that is identified as a third-party beneficiary in the Service Description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against Customer as if it were a party to this Agreement.

Minimum Age Requirement:

YouGotHosting customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept this Agreement in order for the Minor to become a YouGotHosting customer. A parent or guardian who accepts this Agreement on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with this Agreement, including the timely and full payment of the charges for YouGotHosting services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains YouGotHosting's express written consent to the contrary. Any acceptance of this Agreement or any other agreement for YouGotHosting's services will be deemed null and void to the extent that YouGotHosting will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of YouGotHosting's services.

Force Majeure:

YouGotHosting will not be liable for delays in its performance of this Agreement or YouGotHosting services caused by circumstances beyond YouGotHosting's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). YouGotHosting will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.

Waiver and Amendment

Any waiver, modification, or amendment of any provision of this Agreement or other agreement for YouGotHosting services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of YouGotHosting.

Independent Contractors:

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between YouGotHosting and its customers. Each of YouGotHosting and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Construction and Interpretation:

Wherever in this Agreement the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of this Agreement into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of this Agreement. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of this Agreement.

Governing Law; Jurisdiction:

Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon arising from an alleged tort, shall be governed by the substantive laws of the State of Delaware. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. ANY SUIT, ACTION OR PROCEEDING CONCERNING THIS AGREEMENT MUST BE BROUGHT IN A DELAWARE STATE OR FEDERAL COURT LOCATED IN WILMINGTON, DELAWARE, AND EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

Entire Agreement:

This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any document, correspondence or other communication, of Customer or YouGotHosting, the terms and conditions of this Agreement shall control.